The Site is offered by Hearing First to you free of charge on the express condition that you accept, without modification, and abide by these Terms. Your access and use of the Site is conditioned upon your continued compliance with these Terms. Please read these Terms carefully, as your use of the Site constitutes your acceptance of these Terms. If you do not agree to be bound by these Terms do not access, use or continue to use the Site or the services described below.
Hearing First Services
Hearing First may offer from time to time certain services or features on the Site (including without limitation, message boards, blogs, chatrooms, forums, personal home pages, community spaces, learning experiences, news groups and bulletin board services) that are accessible for participation in voluntarily by members of the public (“Services”). Your access and use of the Services constitutes your acknowledgement that you have read, understood and agree to be bound by these Terms. If you do not agree to be bound by these Terms and all applicable laws, you are required to discontinue use of the Services.
In addition, as part of the Services and in furtherance of its mission, Hearing First has developed an online community (“Hearing First Community”). As a user, you may voluntarily join the Hearing First Community to access and use Services related to the Hearing First Community (“Community Services”). The Community Services are intended to foster deeper communication and community dialogue related to Hearing First’s mission. Your access and use of the Community Services constitute your acknowledgement that you have read, understood and agree to be bound by these Terms. To access the Community Services, you will be required to indicate your acceptance of these Terms during the registration process. If you do not agree to be bound by these Terms and all applicable laws, you are required to discontinue use of the Community Services.
Changes to Terms
Hearing First reserves the right to change the Terms any time by reasonable notice, including without limitation by posting revised terms on the Site (which shall constitute reasonable notice), and such amended Terms shall be binding upon you; thus, you should consult the most recent version of these Terms each time that you view the Site or participate in the Services or the Community Services.
These Terms govern each visitor’s access to and voluntary use of the Site, the Services and the Community Services offered by Hearing First. Hearing First is concerned about the safety of children and their use of the Internet and Hearing First does not knowingly solicit data from children or knowingly market to children. In accordance with the U.S. Children’s Online Privacy Protection Act of 1998, the Services and Community Services are not intended for use by persons under the age of thirteen (13). Users age thirteen (13) through eighteen (18) may only access and use the Services and Community Services with the permission of a parent or guardian. Any use of or access to the Services or the Community Services by anyone under the age of thirteen (13) or by anyone age thirteen (13) through eighteen (18) without the permission of a parent or guardian is not authorized and is a violation of these Terms.
By using or accessing the Services or Community Services, you represent and warrant that you are at least eighteen (18) years of age. If you are between the ages of thirteen (13) and eighteen (18), your parent or guardian must give their permission and you must agree to abide by all of the provisions of these Terms. In the event that Hearing First receives actual knowledge that it has collected personal information from a child without the requisite and verifiable parental consent, Hearing First will make reasonable efforts to delete that information from the Site as quickly as is reasonably practical.
Use of the Site, Services and Community Services is void where prohibited.
Availability of Hearing First Services
Hearing First reserves the right to establish general practices and limits concerning the Site, the Services and the Hearing First Community, and may modify such practices and limits at any time and in its sole discretion. Such practices may include, but are not limited to, limiting the length, subject matter and types of comments and information that may be posted and establishing terms and membership criteria for participating in the Services and in the Hearing First Community.
The Site, the Services and the Community Services are intended to foster communication and community dialogue related to Hearing First’s mission. In using the Site, the Services and the Community Services you may not post, transmit, or share any materials that (i) violate or infringe upon the rights of any third party, including copyright, patent, trademark, privacy, publicity or other personal or proprietary rights; (ii) contain libelous, defamatory or otherwise unlawful material; (iii) harass, abuse or harm (or attempt to harass, abuse or harm) or intimidate, embarrass or demean any person or entity; (iv) Hearing First deems unlawful, infringing, trade libelous, harmful, threatening, abusive, harassing, invasive of privacy, stalking, defamatory, vulgar, sexually explicit, hateful, discriminatory or racially, ethnically or otherwise objectionable; (v) Hearing First in its sole discretion deems objectionable or may prevent any other person from enjoying full use of the Site, the Services and the Hearing First Community (to the extent that the user would otherwise be permitted), or which could expose or result in liability for Hearing First, its Affiliates, partners or any user; (vi) attack, ridicule, denounce, impugn a person’s character, or impute immoral or dishonorable attributes to a person on the basis of race or ethnicity, gender, age, religion, national origin, disability or sexual orientation; or (vii) violate any applicable law, statute, ordinance or regulation, aid in or encourage the commission of a crime or illegal activity, or otherwise create liability.
In addition, in using the Site, the Services or the Community Services, you agree not to:
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Site, the Services or the Community Services;
- make available in any way, any personal information about any person or entity other than yourself;
- collect, store or use personal data about other users or otherwise mine information about other users, the Site or the Hearing First Community;
- send chain emails;
- post information directed to or collect personal information from any minor;
- damage or disable the Site, the Services or the Community Services or take any other action that causes any negative impact on the operation of the Site, the Services or the Community Services or any computer systems, including posting or making available in any way any content or materials that contains viruses or that is designed to negatively impact the use of such systems (including without limitation, knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines);
- interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on Hearing First’s, its Affiliates’, licensors’, vendors’ or subcontractors’ infrastructure; or
- decompile, decode, unlock, attempt to discover the source code of, or otherwise reverse engineer, any of Hearing First’s, its Affiliates’, licensors’, vendors’ or subcontractors’ software or infrastructure.
Hearing First retains the right to deny access to the Site, the Services and the Community Services to anyone who violates these Terms.
Site Content and Restrictions on Use of Materials
Unless otherwise indicated, Hearing First, its affiliate organization(s) (“Affiliates”) or their respective licensors hold the copyright to all materials on the Site, in the Services and in the Community Services, including without limitation, research materials, photographs, text, graphics, logos, icons, images, content, sound recordings, tutorials, downloadable handouts, blogs, white papers, audio/visual clips and design, including the selection and arrangement of all such items (collectively, “Content”). The Content is protected by copyright, trademark, patent, trade secret and other applicable laws. See the section herein entitled “Participation in the Hearing First Community” for more information about intellectual property rights for content submitted to the Hearing First Community by a user.
Additionally, Hearing First or its Affiliates own all of the trademarks, service marks, slogans and logos (collectively, the “Marks”) used and displayed on the Site, in the Services and in the Community Services for the Hearing First Community, unless otherwise noted. Without the explicit consent of Hearing First, no Content or Marks may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way. Any unauthorized use of Content or Marks may violate copyright, trademark and other laws. We retain all rights not expressly granted, and nothing in these Terms constitutes a waiver of any rights under copyright laws or any other federal, state, local or international law, regulation, ordinance or treaty. Nothing in these Terms should be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property right, including without limitation, any patent, trademark, service mark or copyright of Hearing First, its Affiliates or any third party.
Hearing First will allow you to view, print, download and share Content for your own personal use or for an educational use including without limitation, the education of individuals, groups or the general public, provided that (i) the Content used must retain any copyright, intellectual property, proprietary or other notices or disclaimers contained in the original materials, (ii) you must give attribution to Hearing First and if possible provide a reference to Hearing First’s website www.hearingfirst.org, and (iii) the Content used must be used in its entirety without modification, reformatting, adaptation or adjustment. Content may not be used for any for-profit or commercial activities or purposes of resale. You acknowledge that you do not acquire any ownership rights by accessing or downloading copyrighted or trademarked Content.
If you intend to use any Content for purposes other than personal or educational use as described herein, you agree to obtain all necessary permissions and rights associated with the use of the Content, including our written approval. If you intend to adapt our Content, including without limitation, adding to, deleting from, modifying or combining with other materials, for any purpose including creating a derivative work or publishing a work, you must obtain our prior written approval and can contact us as provided below.
If you share the Content with others, you agree to advise any person with whom you share the Content as to these Terms and they must agree to abide by these Terms. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks owned by Hearing First or its licensors.
Participation in the Hearing First Community
Individuals may join the Hearing First Community and access the Community Services by submitting a registration form and expressly agreeing to these Terms, which include the following provisions specific to the Hearing First Community.
Hearing First Community Membership
Individuals voluntarily choosing to join the Hearing First Community will be required to register as a member of the Hearing First Community (“Member”) and to create an account (“Account”). Membership in the Hearing First Community is open to the public and provided free of charge and it allows users to gain access to and to participate in the Community Services. Generally speaking, members of the Hearing First Community may participate in and use the Community Services so long as their membership is helping Hearing First to fulfill its mission. By joining the Hearing First Community, Members are agreeing to abide not only by these Terms but also by the Code of Conduct established by Hearing First for the operation of the Community.
Hearing First Community Member Content
Notwithstanding the provisions herein related to “Site Content and Restrictions on Use of Materials”, as between Hearing First and any Member, content owned by a Member and posted by the Member to the Site as part of the Community Services (“Member Content”) remains the property of the Member. As a Member, you retain intellectual property rights associated with your Member Content, if any.
You are responsible for your Member Content, including information contained in your Member profile (“Profile”) or Account, and other information that you post through the Community Services or that you choose to transmit or otherwise share with other Members or the public through the Site. You may only post Member Content that you own or that you have permission from the owner to post. By way of example and not limitation, if you post a photograph of yourself with others, you must obtain a permission or a release from the other individual(s) appearing in the photograph to use their image and you must own or have a license to the copyright in the photograph. By posting Member Content, you warrant or represent that you own or otherwise control all of the rights to such Member Content.
Hearing First may, but has no obligation to, review the Community Services and remove Content or Member Content, at any time, in its sole discretion, without notice for any or no reason, including the removal of Member Content that in Hearing First’s opinion violates these Terms, our Code of Conduct or any other terms we have established with respect to the Hearing First Community. Hearing First is not responsible for any Member Content that is removed or deleted and it is your responsibility to retain your own copies of any Member Content or information that you provide to Hearing First or otherwise post on the Site.
You agree that Hearing First may, and you authorize Hearing First to, make and retain copies of any Member Content that you post as may be necessary, in Hearing First’s sole discretion, for the operation and maintenance of the Community Services. When you post any Member Content through the Community Services, you automatically grant to Hearing First an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license (with the right to sublicense) to (i) use, copy, perform, display, reformat, post and distribute your Member Content for any purpose in connection with the Community Services or any Hearing First activities and (ii) prepare derivative works of the Member Content or incorporate it into other works. In those cases, Hearing First shall be entitled to unrestricted use and dissemination for any purpose without acknowledgement or compensation to you. You also permit any other Members to access, view, store or reproduce your Member Content for such other Member’s personal use.
You represent and warrant that you have the right to grant the foregoing license and that your Member Content does not violate any rights, including intellectual property rights, of any person or entity. You are responsible for any royalties, fees or other costs due as the result of any Member Content you post to the Services or Community Services.
You may remove your Member Content from the Hearing First Community at any time, however, some information, messages, posts or other Member Content, depending on the type and how posted, may not be removable by you. The license granted to Hearing First above will continue after any removal of your Member Content from the Hearing First Community. Hearing First is permitted to retain archived copies of any Member Content that is removed. After removal, your Member Content may still be viewable (e.g., in archived or cached pages or in copies that were printed or saved by other Members).
Hearing First Community Editorial Comments
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the general operation and functionality of the Hearing First Community and the Community Services (“Editorial Comments”), provided by you to Hearing First through service requests or otherwise, are non-confidential and shall become the sole property of Hearing First. Hearing First shall own the exclusive rights to the Editorial Comments including all intellectual property rights; and Hearing First shall be entitled to the unrestricted use and dissemination of these Editorial Comments for any purpose without acknowledgment or compensation to you. Any reasonable request by the Member to republish their Editorial Comments will be granted.
Hearing First Community Member Accounts, Provision of Data and Account Security
You agree to provide correct information about yourself as may be required or prompted by any forms in the Community Services, including your Profile and any forms or information requests in connection with the creation of your Account (“Account Data”) or your submission of Editorial Comments. You further agree to timely update any Account Data or other information you provide to Hearing First so that it continues to be correct. You are required to keep your username and password secure and you agree not to disclose your password to any third party. You agree to notify Hearing First immediately if you suspect or become aware of any unauthorized use of your Account or disclosure of your password. You are responsible for any use of your Account and for any charges, damages, losses or activities that take place using your Account, whether authorized or unauthorized. Hearing First is not liable for any harm related to the theft of your Account Data.
You agree not to create more than one Account for yourself or to create an Account for anyone other than yourself. You agree not to use any other person’s Account, username or password or to access or attempt to access another user’s Account, without the written consent of Hearing First. You are responsible for the acts or omissions by third parties who are under your control for their use of the Community Services and for any damages incurred by you as a result thereof.
Hearing First does not pre-screen or approve Profiles or Accounts, and cannot guarantee that an Account was actually created and is being operated by the individual that is the subject of the Profile. Hearing First may, but is under no obligation to, monitor a Member’s use of the Member’s Account and is not responsible for any Member Content, Editorial Comments or any use of the Community Services by Members, including any activity between Members (such as any disputes) and how any Member collects, handles, uses and/or shares any information, Member Content or Editorial Comments that may be accessible to the Member through the Member’s use of the Community Services. It is your responsibility to carefully consider what information, Member Content and Editorial Comments you make available to other Members or to the public through your use of the Community Services and the Site and your interaction with other Members.
Hearing First Community General Conduct
The Community Services may only be used by you for personal, educational, non-commercial use and in connection with your participation in the Hearing First Community. The Community Services are intended to foster communication and networking in furtherance of Hearing First’s mission and you are expected to use the Community Services in a manner that is reflective of the values of Hearing First and in keeping with our Code of Conduct. In addition to the other restrictions contained in these Terms, you may not post or otherwise use the Community Services to:
- advertise commercial services that you or any third party providers;
- engage in any activities that may be construed as violating anti-trust law or regulation;
- sell or transfer your Account or Profile;
- provide any false or misleading information about yourself or any other person or impersonate any person or entity including without limitation, one of Hearing First’s, its Affiliates’ or other’s officers or employees, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- compile e-mail addresses or other contact information of other Members for the purpose of sending unsolicited emails or other unsolicited communications that are not in accordance with the permitted uses of the Community Services;
You acknowledge that the Content is provided “as is” for general information only and without warranties of any kind. The Content is not meant to be used to replace the services of qualified professionals including without limitation, medical or educational professionals. While Hearing First endeavors to keep the Content current, information related to healthcare, education and other fields may change rapidly and the Content should not be relied upon to be fully comprehensive or error-free. Hearing First does not recommend, endorse or make any warranties or representations of any kind with regard to the accuracy, completeness, timeliness, quality, efficacy or non-infringement of any of the Content or by the companies or organizations linked or referred to in the Site. The Site, the Services and the Community Services do not offer medical or educational advice or recommendations to individuals and you should not rely on the Content, the Site, the Services of the Community Services as a substitute for consultations with qualified professionals who are familiar with your or a family member’s questions or needs. Hearing First encourages you to seek the guidance of qualified professionals for specific information and services.
Hearing First does not endorse or otherwise verify the accuracy, truthfulness or reliability of any information provided on the Site, in the Services or in the Community Services unless it is provided by an authorized Hearing First spokesperson. The Site, the Services and the Community Services will be managed, hosted and maintained by a variety of employees and consultants of Hearing First. Such employees and consultants are generally not authorized Hearing First spokespersons and their views or actions in managing, hosting and maintaining the Site, the Services and the Community Services do not necessarily reflect those of Hearing First.
In certain instances, particularly in the Hearing First Community, Hearing First permits third parties and Members to share their personal and/or professional stories or to provide testimonials, photographs, videos, resources and other information. Hearing First may from time to time post articles and other information provided by third parties and Members that might be of interest or benefit to the public. You acknowledge that the opinions and recommendations of third parties and Members contained on the Site, in the Services or in the Community Services are not those of Hearing First or endorsed by Hearing First. Hearing First does not recommend, endorse or make any warranties or representations of any kind with regard to the accuracy, completeness, timeliness, quality, efficacy or non-infringement of any of the content contributed by third parties or Members and you rely on such content solely at your own risk.
There is no warranty, representation or guarantee that the Site, the Services or the Community Services will continuously operate or be error free or that any problems will be corrected, or that any information, software or other material accessible from the Site, the Services or the Community Services is free of viruses, worms, Trojan horses or other harmful components. Further, we do not warrant, guarantee, or make any representations regarding the use of, or the results of the use of the Site, the Services or the Community Services either in terms of their compatibility with hardware or other software, their reliability, timeliness, or otherwise; and you rely on the Site, the Services and the Community Services solely at your own risk.
Any and all other representations and warranties including but not limited to any implied warranties of merchantability and/or fitness of the product for a particular use or purpose, quality, course of dealings, usage of trade, inaccuracy in content caused by our failure to perform with reasonable care, quiet enjoyment or non-infringement are hereby expressly disclaimed.
Hearing First makes no representation that it operates (or is legally permitted to operate) in all geographic areas. Hearing First makes no representation that the sites, services or information found through the Site is appropriate or available for use in all geographic locations, and accessing the Site from territories where the content of the site is illegal is expressly prohibited. If you view the Site and/or access any Services or Community Services provided by the Site from any country other than the United States of America, you acknowledge that you are doing so on your own initiative and you are solely responsible for compliance with all applicable laws.
Hearing First may provide links to other Internet sites or resources. Hearing First likewise may permit others to post on certain public forums links to other Internet sites or resources. The information provided to you in such links is provided solely for your interactive education and enjoyment. The results are not guaranteed to be accurate and are in no way endorsed, offered or guaranteed by Hearing First.
Links to the Site are permitted by Hearing First. You should be aware that links to the Site may be provided from other sites, either known or unknown to Hearing First, and some links to the Site may be unauthorized, and accessing any other site linked to or from the Site is done at your own risk. Hearing First has not reviewed and is not responsible for the content of any third party sites linked to or from the Site.
If you choose to click on the links to any third party websites or otherwise engage in any correspondence or business dealings with or other purchase of products or services from any third parties, you do so on your own initiative and you agree that Hearing First is not responsible or liable for any loss or damages of any sort incurred as a result of any such dealings or as a result of the acknowledgement of or links to such third parties in conjunction with the Site. In addition, upon clicking on a link to any third party website, you will be subject to the terms, conditions and policies of that third party site. We encourage you to read all applicable terms and conditions agreements and policies before using any third party site.
You agree that you will hold harmless Hearing First, its Affiliates, and their respective officers, directors, employees, volunteers, licensors and suppliers from all claims arising out of or related to your access or use of, or your inability to access or use, the Site, the Content, the Services, the Community Services and other sites to which the Site is linked. If your use of Content, the Site, the Services or the Community Services results in the need for servicing, repair of equipment or loss of data, you will assume any costs thereof. Your indemnification of Hearing First includes, without limitation, any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other Members and the infringement of intellectual property rights or other rights.
Limitation of Liability
In no event and under no circumstances shall Hearing First, its Affiliates, the contributors of information to the Site, the Services or the Community Services, or our licensors or authorized representatives be liable to you or any third party for special, incidental, punitive or consequential damages (including without limitation any loss of profits, lost savings, or loss of data) arising out of your or any unrelated party’s use or inability to use the Site, the Content, the Services or the Community Services or your or any unrelated party’s reliance on or use of information, products or services provided on or through the Internet, or that result from mistakes, omissions, interruptions, deletions of files or other data loss, errors, defects, delays in operation, service or transmission or any failure of performance of the Site, the Content, the Services, or the Community Services, even if we, or any of our authorized representatives, have been advised of the possibility of such damage and even if the remedies stated in these Terms fail of their essential purpose.
Notwithstanding anything to the contrary contained herein, Hearing First’s or its Affiliates’ liability to you for any cause whatsoever related to the Site, the Content, the Services and the Community Services shall be limited to the amount paid by you to Hearing First or its Affiliates, as the case may be. You acknowledge that if no fees are paid to Hearing First or its Affiliates, you shall be limited to injunctive relief only. Under no circumstances, however, shall Hearing First’s or its Affiliates’ liability to you exceed $50.
Disclaimer Regarding Translated Content
In addition to the general disclaimer provided under these Terms, Hearing First does not warrant the accuracy, reliability, or timeliness of any Content in languages other than English (“Translated Content”). Any person or entity that relies on information obtained from Translated Content does so at his or her own risk. Hearing First is not responsible for any damage or issues that may possibly result from using the Translated Content. If any questions arise concerning the accuracy of the information presented in the Translated Content, please refer to the official English version of the website.
Term & Termination
These Terms are effective from the date that you first access the Site, the Services or the Community Services and continue in effect until terminated in accordance with these Terms.
Hearing First may terminate your access to the Site, the Services or the Community Services or may deactivate your Account at any time in its sole discretion, without notice, for any or no reason. In the case of the Community Services, such termination or deactivation may include revoking your access to the Community Services, removing your Profile from the Community Services so that it is no longer viewable by you or any other Member and removing your Member Content.
Cause for such termination shall include, without limitation: (i) breaches or violations of these Terms; (ii) requests by law enforcement or other government agencies; (iii) discontinuance of or material modification to the Site, the Services, the Community Services or any part thereof; (iv) unexpected technical or security issues or problems; (v) fraudulent or illegal activities performed by or on behalf of you in connection with the Site, the Services or the Community Services; (vi) a request by you to terminate your access or a statement by you that you no longer agree to these Terms; (vii) extended periods of inactivity or non-participation in the Community Services; and/or (viii) any other reason reasonably considered by Hearing First to be in its best interest.
You agree that any termination of your access to the Site, the Services or the Community Services (including your Profile, Account or Member Content) may be effected without prior notice and you acknowledge and agree that Hearing First may immediately deactivate or delete your Profile, Account or Member Content or bar any access to such information or content by you or others. Hearing First shall not be obligated to return or provide copies of any information, files or content contained in your Profile, Account, Member Content or Editorial Comments. You further agree that Hearing First shall not be liable to any third-party for any termination of your access to the Site, the Services or the Community Services (including your Profile, Account and Member Content).
Upon termination, Hearing First will have no further obligation or responsibility to you and you will have no further obligation or responsibility to Hearing First; provided, however, the foregoing statement does not apply to any liability, responsibility, or obligation of either party existing or arising prior to the effective date of termination. Your obligations under these Terms, which by their nature are intended to survive termination (such as indemnification) shall survive the termination of your access to the Site, the Services and the Community Services (including your Profile, Account and Member Content).
Hearing First retains the right to retain archival copies of all information related to your Account, Profile, Member Content and Editorial Comments and may use the information for whatever purposes we deem appropriate.
Deactivation of the Site
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, the Services, the Community Services, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, the Services, the Community Services, or any part or portion thereof. Nothing in these Terms shall be construed to obligate Hearing First to maintain and support the Site, the Services, the Community Services, or any part or portion thereof, during the term of these Terms.
Notice of Claims of Intellectual Property Violations
The Content may include pictures, video, information, testimonials, letters, marks, slogans and other content uploaded or provided by third parties or otherwise received from third parties. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Hearing First does not permit the use of Content or Member Content on the Site or through the Services or Community Services that infringes on the copyright or trademarks or rights of publicity of others, and will take reasonable steps to remove any such Content that violates the copyright or trademarks or other rights of others if properly notified of such violation in accordance with the procedure set forth in these Terms. In addition, Hearing First, in our sole discretion, may limit access to the Site, the Services or the Community Services, and/or may terminate any Account used in connection with the infringement of any intellectual property rights, whether or not there is repeat infringement.
If you believe that any of the Content or any content contributed by third parties or Members infringes your copyright or trademark rights or your rights of publicity, please provide Hearing First’s general counsel (whose contact information is provided below) with the following information:
- Contact information (such as an address, telephone number and/or electronic mail address) and a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work or mark or publicity right claimed to have been infringed, or, if you believe that multiple works, marks or publicity rights have been infringed on the Site, a representative list of such works, marks or publicity rights.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Hearing First to locate the material.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
An alleged infringer may provide counter-notice to Hearing First’s general counsel (whose contact information is provided below) that includes the following:
- Contact information (such as an address, telephone number and/or electronic mail address) and a physical or electronic signature of the person authorized to act on behalf of the counter-notifying party.
- Identification of the material that has been removed or disabled and the location where the material was before its removal or disablement.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
- A statement that you consent to jurisdiction of the federal court in your district, or if you are outside of the United States, that you consent to jurisdiction in a federal court in any location where Hearing First is subject to jurisdiction, and that you will accept service of process from the person who provided Hearing First with notification or an agent of such person.
We suggest that you consult an attorney before sending us a notice or counter-notice of any claim of infringement of any copyright or trademark or right of publicity. Hearing First’s agent for the notice or counter-notice of any claim of infringement of any copyright or trademark or right of publicity is Schnader Harrison Segal & Lewis, LLP, which can be reached by mail or facsimile as follows:
Schnader Harrison Segal & Lewis, LLP
Attn: Drew Kastner, Esq.
1600 Market St., Suite 3600
Philadelphia, PA 19103
Please provide all of the information requested above. No specific form is required to provide Hearing First with notifications of possible infringement or counter-notification. However, it will take Hearing First longer to process your notice if any of this information is not provided, and in some cases, we may not be able to process your notice.
You agree that, if the terms of these Terms are not specifically enforced, we will be irreparably damaged, and therefore you agree that we shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to any breach(es), in addition to any other available remedies.
Governing Law; Venue; Statute of Limitations
These Terms are governed by the laws of the Commonwealth of Pennsylvania, U.S.A., excluding any conflict of laws, rules or similar principals, and the applicable laws, regulations and treaties of the United States of America. Any action arising out of any dispute with respect to this Agreement shall only be brought in the state or federal courts located in Philadelphia County, Commonwealth of Pennsylvania. You agree that any claim against Hearing First shall be brought within one year from when the claim arose regardless of the applicable statute of limitations, and any claims not brought within such period of time shall be deemed waived.
In the event of any dispute arising out of these Terms, you and Hearing First each agree to use good faith efforts to resolve our differences amicably. In the event those efforts are unsuccessful, you and Hearing First agree not to commence litigation until attempting to resolve our dispute through mediation. Either you or Hearing First may initiate the mediation process with thirty (30) days’ prior written notice to the other. The dispute shall be submitted to mediation in Pennsylvania, U.S.A. Costs of mediation shall be borne equally by both you and Hearing First. Mediation of the dispute shall be completed within fifteen (15) days of commencement, unless you and Hearing First agree to extend the time by mutual agreement or unless the mediator declares you and Hearing First to be at an impasse. Notwithstanding the above, in the event that Hearing First believes that immediate injunctive relief is required to protect its rights, Hearing First may invoke the immediate powers of the appropriate court of law without the requirement to first mediate the dispute.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Hearing First as a result of these Terms or your use of the Site, the Services or the Community Services. If any provision of these Terms is held to be illegal, invalid, or unenforceable, then that provision shall be fully severable from these Terms and shall not affect the legality, validity, or enforceability of the remaining provisions of these Terms. Failure by us to enforce any particular term of these Terms shall not be construed as a waiver of any of our rights hereunder.
These Terms have been written in the English language and the English language shall control. These Terms, which are in English, shall be interpreted in accordance with the commonly understood meaning of the words and phrases in the United States of America. You waive any right that you may have under local law to receive these Terms in any language other than English. These Terms (and each supplemental agreement referenced in or referencing these Terms found on the Site) constitutes the entire agreement between you and Hearing First with respect to the Site, the Services and the Community Services.
If you have any questions regarding these Terms, you may contact Hearing First by mail, email or facsimile as follows:
1600 Market St., Suite 3600
Philadelphia, PA 19103